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Proposed Ordinance - 6/13/2023 1 SALT LAKE CITY ORDINANCE No. 36 of 2023 (Clarifying status of members appointed to Salt Lake City Boards and Commissions) An ordinance amending sections 2.07.040, 2.35.030, 2.07.040, 2.35.030, 2.72.030, 2.96.020, 10.07.070 and 17.12.040 of the Salt Lake City Code to clarify the status of members appointed to Salt Lake City boards and commissions. WHEREAS, Salt Lake City Corporation (“City”) has expressed an interest in providing compensation for individuals appointed to City boards and commissions; and WHEREAS, City has various ordinances that limit the circumstances in which a City employee can serve on a City board or commission; and WHEREAS, the City Council of Salt Lake City wishes to clarify that individuals who receive compensation for their service on City boards and commissions are not disqualified from serving on such boards and commissions due to their receipt of such compensation. NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. That section 2.07.040 of the Salt Lake City Code is hereby amended to read as follows: 2.07.040: APPOINTMENT; ADVICE AND CONSENT: A. Appointments of city board members shall be made by the mayor with the advice and consent of the city council unless otherwise provided by this code or other law regarding a particular city board. B. City boards should represent a cross section of the city. To ensure that a cross section is represented, the city council should apply the following criteria in considering appointments to city boards: 1. Individuals should serve on only one board at a time, unless explicitly permitted in this code or other law. 2. City boards should have representatives from all geographic areas of the city. 2 3. Individuals who have not been involved in city government should be encouraged to participate through appointment to city boards. 4. Equal opportunity principles should be recognized in appointments. 5. Appointees should be city residents unless an exception in this code or other law applicable to a particular city board provides otherwise. C. 1. Employees of Salt Lake City Corporation, whether merit or appointed, shall not be eligible for membership on a city board unless an exception in this code or other law applicable to a particular board allows such appointments. 2. For purposes of this section, an individual will not be considered a city employee simply because they receive compensation from the city for serving on a city board or commission; and the fact that an individual receives such compensation will not disqualify them from serving on city boards and commissions. D. Spouses and family members of city employees may be considered for appointment to a city board when the board is not advisory to the employee's department or job responsibilities. SECTION 2. That section 2.35.030 of the Salt Lake City Code is hereby amended to read as follows: 2.35.030: APPOINTMENT OF MEMBERS; QUALIFICATIONS: A. The committee shall be comprised of seven (7) members appointed as follows: 1. Three (3) members appointed by the city council; 2. Three (3) members appointed by the mayor; and 3. One member appointed by the other six (6) appointed members. B. Committee members appointed under subsection A2 or A3 of this section shall not be subject to the advice and consent of the city council. Any vacancy on the committee shall be filled for the unexpired term of the vacated member in the same manner as the vacated member was appointed. C. In appointing the members to the committee, the mayor and the city council shall give consideration to achieving representation from a broad cross section of persons with compensation and/or benefits expertise. No member of the committee shall be deemed an employee of the city. D. For purposes of this section, a committee member will not be considered a city employee simply because they receive compensation from the city for serving on the 3 committee; and the fact that a committee member receives such compensation will not disqualify them from serving on city boards and commissions. SECTION 3. That section 2.72.030 of the Salt Lake City Code is hereby amended to read as follows: 2.72.030: BOARD APPOINTMENTS; TERM OF OFFICE; BOARD ADVISOR: A. Creation: The board is hereby created. B. Appointments By Mayor: The mayor, with the advice and consent of the council, shall appoint twenty-one (21) civilians as members of the board. Included in this number shall be three (3) from each council district. The mayor shall make such appointments with a goal of providing geographical, professional, neighborhood, racial, gender and ethnic diversity to the board so that balanced community representation is achieved. Officers or employees of the city shall not be appointed to the board. C. Term Of Office: All members of the board shall serve for a three (3) year term, provided that the terms of the initial appointees shall be staggered so that not more than seven (7) terms shall expire in any one year. Each member's term of office shall expire on the first Monday in September. A member shall not serve more than two (2) consecutive full terms. D. Board Advisor: The mayor shall appoint, as board advisor, a person with prior police experience, who is not at the time employed by the police department or any other law enforcement agency, to provide input and advice to the board. The board advisor shall have the same term of office as members of the board and shall not serve for more than two (2) consecutive terms. The board advisor is not a member of the board and does not have a vote on the board. E. For purposes of this section, if a board member receives compensation by the city for serving on the board, that board member will not be considered a city employee simply because they receive that compensation from the city. SECTION 4. That section 2.96.020 of the Salt Lake City Code is hereby amended to read as follows: 2.96.020: APPOINTMENTS; TERM OF OFFICE: A. All appointments of board members shall be made by the mayor, with the advice and consent of the city council. 4 B. All board members shall be appointed for a four (4) year term, with no automatic renewal of their term. No board member may serve for more than two (2) consecutive terms. C. No more than three (3) of the city's six (6) board appointees may be city employees. If any city employees are appointed, one of them shall be chosen from the city council staff as a representative of the city council. The other board members must be chosen so to obtain a broad geographical representation of the community. No more than two (2) board members may be from the same city council district. D. For purposes of this section, if a board member receives compensation by the city for serving on the board, that board member will not be considered a city employee simply because they receive that compensation from the city. SECTION 5. That section 10.07.070 of the Salt Lake City Code is hereby amended to read as follows: 10.07.070: ELIGIBILITY FOR MEMBERSHIP: A. Each member of the commission shall either live, work, or own real property in Salt Lake City; own a business in Salt Lake City; or be employed by or otherwise serve as a representative of an organization or government agency serving the accessibility or disability community of Salt Lake City. Notwithstanding section 2.07.040.C, up to one member of the board shall be a city employee. B. For purposes of this section, an individual will not be considered a city employee simply because they receive compensation from the city for serving on the accessibility and disability commission. SECTION 6. That section 17.12.040 of the Salt Lake City Code is hereby amended to read as follows: 17.12.040: BOARD OF TRUSTEES; QUALIFICATIONS: A. The Salt Lake City appointed members of the board of trustees of the metropolitan water district shall be registered voters, property taxpayers and residents of Salt Lake City. No person shall be eligible for Salt Lake City appointment to the board of trustees who is an officer or employee of the city. A Salt Lake City appointed trustee shall forfeit his or her position as trustee if at any time after appointment such trustee becomes an officer or employee of the city. The appointment of trustees shall be made without regard to partisan political affiliations and shall be made from citizens of the highest integrity, attainment, competence and standing in the community of Salt Lake City. B. For purposes of this section, if a trustee receives compensation by the city for serving on the board of trustees, then that trustee will not be considered a city employee simply because they receive that compensation from the city 5 SECTION 7. That this ordinance shall become effective immediately upon publication. Passed by the City Council of Salt Lake City, Utah this 13th day of June 2023. ____________________________________ CHAIRPERSON ATTEST: _________________________ CITY RECORDER Transmitted to Mayor on ____________________________. Mayor’s Action: _________ Approved. ____________ Vetoed. _______________________________________ MAYOR _________________________ CITY RECORDER (SEAL) Bill No. 36 of 2023. Published: ________________ Katie Lewis, City Attorney